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1.0 Introduction |
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The goal of Avail Networks is
to provide the best service possible for an
enjoyable Internet experience. This Terms
of Service "TOS", also known as
an Acceptable Use Policy or "AUP"
is designed to keep Avail Networks and the Internet enjoyable
and useful for all of our subscribers. Violation
of this Policy may result in suspension or
cancellation of Avail Networks services. Avail
Networks is committed
to and supports the free exchange of information
and ideas over the Internet. Avail Networks does not
actively monitor nor does Avail Networks exercise editorial
control over the content of any web site,
electronic mail transmission, mailing list,
news group or other material created or accessible
over Avail Networks servers. However, Avail Networks reserves sole
discretionary rights to remove any materials
deemed potentially illegal, harmful to Avail Networks
business operations or equipment, or in violation
of any part of this AUP or of the standard
Avail Networks TOS Agreement.
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2.0 Fees |
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Client agrees to pay Avail Networks all fees indicated
on the sales order (account signup). All fees
are required to be paid within seven (7) days
of invoice, failure to comply could result
in suspension or termination of clients account. Avail
Networks reserves the right to forward all delinquent
accounts to a collections agency. All fees
are non-refundable.
2a) Avail
Networks reserves the
right to change any and all fees at any time.
Avail Networks also reserves the right to charge the
client for any damages in result of the users
actions.
2b) Cancellation Policy --
Client agrees to contact Avail Networks seven (7)
days prior to the
first day of the next billing cycle to cancel
services provided by Avail Networks for billing not to
be processed.
2c) Past Due Accounts
Requesting Cancellation - Any customer with
a past due account upon any request for account
cancellation must bring the account to current
status to gain access to files, backups, etc.
located on the server, backups of past due
accounts will be held for up to 30 days past
due and will be available upon receipt of
payment.
3d) Late Fee Schedule
For Dedicated Servers:
Accounts 3 days past Due: $35 Late fee applied to
the account.
Accounts 7 Days Past Due: Server Shutdown, plus
$50 reconnection fee.
Accounts 15 Days Past Due: Server will be
permanently disconnected.
4e) Late Fee Schedule for All other Account
Types:
Accounts 3 Days Past Due: $15 Late Fee Applied to
the account
Accounts 7 Days Past Due: Service Shutdown, plus
$25 reconnection fee.
Accounts 15 Days Past Due: Service will be
permanently disconnected.
Late paying clients who are
late 2 or more times in any 1
year period: Avail Networks may
disconnect your account at it's
sole discretion beginning on the
first day of a late payment.
This may be a permanent or
temporary action, again to be
determined at Avail Networks
sole discretion.
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3.0 Warranties/Disclaimers |
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Avail Networks services are provided on an "as is,
as available" basis. No warranties, express
or implied, including, but not limited to,
those of merchantability or fitness for a
particular purpose, are made with respect
to Avail Networks or any information or software therein.
You release Avail Networks from and Avail Networks shall have no
liability or responsibility for any direct,
indirect, incidental or consequential damages
suffered by you in connection with your use
of or inability to use Avail Networks services including,
but not limited to, damages from loss of data
resulting from delays, non-deliveries, mis-deliveries,
or service interruptions, or due to inadvertent
release or disclosure of information sent
by you even if the same is caused by Avail Networks
own negligence. Without limiting the generality
of the foregoing, Avail Networks disclaims to the full
extent permitted by applicable law any responsibility
for (and under no circumstances shall be liable
for) any conduct, content, goods and services
available on or through the Internet or the
Avail Networks services. In no event shall Avail
Networks aggregate
liability exceed the amount paid by you to
Avail Networks for Avail Networks services. Use of any information
obtained via Avail Networks Internet service is at the
user's own risk. Avail Networks specifically disclaims
any responsibility for the accuracy or quality
of information obtained through its services.
Avail Networks reserves the right to terminate service,
without refund, to any client whom violates
the terms outlined in this, our Terms of Service.
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4.0 Trademarks & Copyrights |
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Client warrants that it has the right to use
the applicable trademarks, if any, and grants
Avail Networks the right to use such trademarks in connection
with Avail Networks service.
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5.0 Email Etiquette and Policy |
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5a) The network resources
of Avail Networks may not be used to impersonate another
person or misrepresent authorization to act
on behalf of others or Avail Networks All messages via
Avail Networks should correctly identify the sender;
users may not alter the attribution of origin
in electronic mail messages or postings. Users
may not attempt to undermine the security
or integrity of computing systems or networks
and must not attempt to gain unauthorized
access to said networks. Clients must
also follow rules imposed by other networks
that are being accessed from their accounts
including, but not limited to IRC Servers,
Web Servers, FTP Server.
5b) Avail Networks may impose reasonable
rules and regulations regarding the use of
its services. Customer shall impose such rules
and regulations on its customers to the extent
necessary to ensure compliance. No Mech bots
may be run under ANY circumstance. No Eggdrop
or any IRC Related services may be run on
any of Avail Networks servers or network.
5c) Avail
Networks may discontinue servicing
any Plan, or may require fulfillment of terms
or conditions Avail Networks may choose to impose as
a prerequisite for continuing to service any
such Plan. Such discontinuation or requirement
may not be unreasonable, however, and Avail Networks
agrees to provide Customer with reasonable
notice by Email of any such intent to discontinue
or impose certain conditions.
5d) Avail Networks services may not
be used for illegal purposes, or in support
of illegal activities. Avail Networks reserves the right
to cooperate with legal authorities and/or
injured third parties in the investigation
of any suspected crime or civil wrong. Activities
which are prohibited as potentially illegal
include, but are not limited to:
5d-1) Unauthorized copying
of copyrighted material including, but not
limited to, digitization and distribution
of photographs from magazines, books, or other
copyrighted sources, and copyrighted software.
5d-2) Threatening bodily
harm or property damage to individuals or
groups.
5d-3) Making fraudulent offers
of products, items, or services originating
from your account.
5d-4) Attempting to access
the accounts of others or attempting to penetrate
beyond security measures of our or other systems
(referred to as hacking) whether or not the
intrusion results in corruption or loss of
data.
5d-5) Harassing others by
'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages
to the same e-mail address.
5d-6) Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through
Avail Networks services.
5d-7) Distributing viruses
to or from Avail Networks systems.
5e) Client shall not run
any DoS (Denial of Service) programs or exploits
on our servers. Failure to comply will result
in immediate termination of clients account,
and the proper authorities will be contacted.
If your account is found being DoS (Denial
of Service) attacked often, this could result
in suspension or termination of your account.
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6.0 Limited Liability |
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6a) Client expressly agrees
that use of Avail Networks Server is at Client's sole
risk. Neither Avail Networks, its employees, agents,
resellers, third party information providers,
merchants licensers or the like, warrant that
Avail Networks Server service will not be interrupted
or be error free; nor do they make any warranty
as to the results that might be obtained from
the use of the Server service or as to the
accuracy, or reliability of any information
service or merchandise contained in or provided
through the Avail Networks Server service, unless otherwise
expressly stated in this Agreement.
6b) Under no circumstances,
including negligence, shall Avail Networks, its offices,
agents or any one else involved in creating,
or distributing Avail Networks Server service be liable
for any direct, indirect, incidental, special
or consequential damages that result from
the use of or inability to use the Avail Networks Server
service; or that results from mistakes, omissions,
interruptions, deletion of files, errors,
defects, delays in operation, or transmission
or any failure of performance, whether or
not limited to acts of God, communication
failure, theft, destruction or unauthorized
access to Avail Networks records, programs or services.
Client hereby acknowledges that this paragraph
shall apply to all content on Avail Networks Server
service.
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7.0 Right to Change Service |
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Avail Networks reserves to right to change without notice
the Avail Networks service, including, but not limited
to, access procedures, hours of operation,
menu structures, commands, documentation,
vendors and services offered.
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8.0 Right to Modify TOS/AUP |
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Avail Networks may modify its Terms of Service/Acceptable
Use Policies upon notice published online
via AvailNetworks.Net Customer's use of Avail Networks services after
such notice shall constitute Customer's acceptance
of the modifications to these policies.
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9.0 SPAM and Unsolicited Commercial Email
(UCE) |
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Avail Networks enforces a zero
tolerance policy with regard to the sending
of Unsolicited Commercial Email (UCE) or SPAM
over our servers. Avail Networks does not permit
any client to use our servers to participate
in UCE. All customers of Avail Networks may not
use our service for hosting sites or information
that is advertised by UCE from other servers/networks.
It is not acceptable to transmit bulk email
through remote SOCKS, HTTP or other similar
proxies who in turn make an SMTP (TCP port
25) connection to the destination mail servers.
This technique may result in immediate account
suspension or termination. Violations
of this policy carry severe penalties, including
termination of service. In order to
prevent unnecessary blacklisting due to spam
we reserve the right to sample any bulk email
being sent from our servers.
9a) Violation of
Avail Networks SPAM/UCE
policy will result in severe penalties. Upon
being notified of an alleged violation of
our SPAM/UCE policy, Avail Networks will initiate an
immediate investigation. The investigation
will include the immediate suspension of customer's
account. Avail Networks aggressively enforces its
zero tolerance policy. If a customer
is found to be in violation of our SPAM/UCE
policy, Avail Networks will, at its sole, restrict, suspend
or terminate the customer's account.
Avail Networks will notify law enforcement officials
if the violation is believed to be a criminal
offense.
9b) Violation of
Avail Networks SPAM/UCE
policy that are found to be valid will result
in a "SPAM/UCE Cleanup Fee" of $600,
in addition absolutely no refund on any plans
will be issued.
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10.0 Indemnification |
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Client agrees that it shall defend, indemnify,
save and hold Avail Networks harmless from any demands,
liabilities, losses, costs and claims, including
reasonable attorneys' fees, ("Liabilities")
asserted against Avail Networks, its agents, its customers,
servants officers and employees, that may
arise or result from any service provided
or performed or agreed to be performed or
any product sold by Client, its agents, employees
or assigns. Client agrees to defend, indemnify
and hold harmless Avail Networks against Liabilities
arising out of:
10a) any injury to person
or property caused by any products sold or
otherwise distributed in connection with Avail
Networks
Servers;
10b) any material supplied
by Client infringing or allegedly infringing
on the proprietary rights of a third
party;
10c) copyright infringement
and
10d) any defective product
which Client sold on Avail Networks Server.
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11.0 Uptime Guarantee |
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Avail Networks
provides a 99.8% uptime guarantee, this guarantee
is limited to the following provisions;
11a) Avail
Networks 99.8% uptime guarantee
is calculated using the following formula:
30 days x 24 hours x 60 minutes x 60 seconds
x 99.8%, this calculation equals approximately
84 minutes of downtime per 30 day cycle.
11b) Avail
Networks 99.8% uptime guarantee
specifically excludes the following:
scheduled network maintenance, scheduled server
maintenance, natural disasters,
downtime of an individual website due to customer
error.
11c) Avail
Networks 99.8% uptime guarantee
covers the following: unscheduled network
outage, unscheduled server maintenance, technical
errors on the part of Avail Networks or it's employees.
11d) Avail
Networks 99.8% uptime guarantee
is compensated using the following formula:
5% deduction from the next invoice amount
per hour after 84 minutes up to a maximum
of 100% of the next invoice.
11e) Avail
Networks at its sole discretion
determines what qualifies for the 99.8% uptime
guarantee.
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12.0 Denial of Service |
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We reserve the right to refuse service to
anyone at any time for any reason.
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13.0 Responsibility for Content |
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You, as an Avail Networks customer are solely responsible
for the content stored on and served by Avail Networks
server/s.
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14.0 Bandwidth and Disk Usage |
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Customer agrees that bandwidth and disk usage
shall not exceed the amount specified in any
plan the customer has purchased from Avail Networks.
Avail Networks will monitor Customer's bandwidth and
disk usage. Avail Networks shall have the right
to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment
of additional charges, disconnection or discontinuance
of any and all Services, or termination of
this Agreement, which actions may be taken
is in Avail Networks sole and absolute discretion. If
Avail Networks takes any corrective action under this
section, Customer shall not be entitled to
a refund of any fees paid in advance prior
to such action. In the event that a customer
exceeds the included allocation, Avail Networks may,
at its sole discretion, collect a deposit,
in an amount determined by Avail Networks, against customer's
credit card on file with Avail Networks.
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15.0
Reporting Violations of
Avail Networks TOS/AUP |
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To report any violations of Avail Networks TOS/AUP
please submit a helpdesk ticket at
http://support.availnetworks.net By purchasing any services from
Avail Networks, you are
affirming that you have read, understand,
and agree to all of the above Terms of Service.
Violation of the terms outlined above may
result in account termination, without refund. |
